South Australian Current Acts

ROAD TRAFFIC ACT 1961 - SECT 31

31—Action to deal with false devices or hazards to traffic

        (1)         In this section—

"false traffic control device" means any device, structure or thing that, although it is not a traffic control device installed or displayed under this Act, might be taken to be such a traffic control device;

"light" means a lamp, sign, advertisement or device of any kind from which light is projected.

        (2)         Despite any other law, the road authority in which the care, control or management of a road is vested may remove from the road and dispose of any false traffic control device or any device, structure or thing that the road authority is satisfied might constitute a hazard to traffic.

        (2a)         Despite any other law, if the Minister is satisfied that a false traffic control device or a light or source of reflected light or any other device, structure or thing is on land near a road and might—

            (a)         reasonably be confused with a lawfully installed traffic control device; or

            (b)         detract from the visibility of a traffic control device to drivers or pedestrians on the road; or

            (c)         in any way constitute a hazard to traffic on the road,

the Minister may, by notice in writing, require the owner or occupier of the land to take such action by way of removing, modifying, screening or otherwise dealing with the device, structure or thing as is specified in the notice within the time so specified.

        (3)         A notice under this section may be served either by post, by means of a letter addressed to the usual place of residence or business of the person to be served, or by delivering it to that person personally.

        (4)         A person to whom a notice under this section is duly given must comply with it.

        (5)         If within the time specified in a notice duly given under this section the person required to comply with the notice does not comply with it, the Minister may take the action specified in the notice and recover the cost of doing so from that person as a debt, by action in a court of competent jurisdiction.